What types of visas exist for entry into the Federal Republic of Germany?
In principle, there are two types of visas: the Schengen visa and the German national visa. They differ in their period of validity, scope of application, document-processing time, and the language in which the visa application must be submitted.
Appealing a Visa Refusal
A refusal to issue a German visa can be appealed in court — it's important to meet the procedural deadline and prepare a convincing justification of the purpose of the trip.
The Schengen visa is valid for a stay in the territory of the Schengen Agreement member states for a maximum of 90 days within a six-month period, and grants either single-entry or multiple-entry rights into Germany.
The German national visa initially has a three-month limit, but unlike the Schengen visa, it can be extended by the competent German foreigners' authority (Ausländerbehörde) in accordance with the purpose of your stay.
The next difference is that the Schengen visa is valid for all Schengen Agreement states — Germany, Austria, Belgium, Greece, Denmark, Iceland, Spain, Italy, Luxembourg, the Netherlands, Norway, Portugal, Finland, France, and Sweden. The German national visa, on the other hand, is initially valid only for Germany.
These visas also differ in document-processing time — the Schengen visa is typically issued within 1-3 business days, while processing a German national visa typically takes from 6 weeks. However, as the German Federal Foreign Office reports, during the holiday season and in certain other individual cases, visas may be issued over longer periods, so applicants should be prepared for a lengthy wait (sometimes several months) during such times.
In addition, the Schengen visa application can be completed in either German or Russian (if it is submitted within the territory of the Russian Federation), whereas the application for a German national visa may only be completed in German. Applicants should therefore be careful to choose the correct form to fill in.
It should be kept in mind that, although the Schengen visa grants the right to enter any Schengen Agreement member state, visa applicants must submit their application to the consular representation of the state that is the main destination of their trip (or trips). If a person applies at a German consular office, then Germany must be the primary destination of their travel. Checks to this effect are carried out from time to time at border crossings by German border police (Bundesgrenzschutz) and police.
Who issues visas?
Under German federal law, the authorities responsible for issuing visas are the embassies and general consulates of the Federal Republic of Germany abroad. The German Federal Foreign Office does not handle individual visa applications. The competent authority for issuing a visa is the German consular office abroad whose administrative district covers the applicant's permanent place of residence. In exceptional cases, and with the consent of the competent German consular office responsible for the applicant's place of residence, another German consular office abroad, in whose administrative district the applicant is temporarily staying, may also issue the required entry visa to Germany. This option is taken into account, in particular, in cases where a specific person's entry into the country is of special humanitarian, economic, or political significance to the Federal Republic of Germany. Applicants should therefore submit their application to the appropriate consular representation at their place of residence. If an applicant submits their application in Moscow, they should pay attention to the procedure for scheduling the submission of documents. Applicants should always carry their general civil passport with them, as proof that they genuinely fall within the jurisdiction of the relevant consular representation.
A Few Words About Filling Out the Application Form at the Embassy
In any case, the application form must be filled out only in German, since the application will be forwarded to the local German foreigners' authorities. Care should be taken to ensure that the applicant's first and last name are entered on the application exactly as they appear in their international passport. If the validity period of an international passport printed on the old Soviet-era form has not yet expired, the Russian Federation should be listed as the issuing state. Holders of official passports may not submit a visa application directly to the Consular Section of the Embassy or to the General Consulates — this may only be done through the Consular Service Department of the Ministry of Foreign Affairs of the Russian Federation. In the field "state or legal entity that issued the document," the Russian Federation should be entered. In the field "Intended place of your stay (or address) in the Federal Republic of Germany," the exact address should be given. If the applicant does not yet know exactly where they will be staying (city/town, street, house number), they should list the address of the person inviting them, or of a reference person assisting them in finding accommodation.
Prerequisites for Issuing Entry Visas to Germany
As the German Federal Foreign Office points out, when issuing entry visas, German consular offices abroad are required to use their special right to demand that a foreigner explain the reason for the trip and justify it, along with any supporting evidence. The law speaks only of a right — never of an obligation of the consular representation to issue an entry visa.
A visa may be issued if the foreigner's presence in the territory of the Federal Republic of Germany does not conflict with, or endanger, the country's interests. The applicant must confirm that the stay in the country is financially secured. They may not use any public funds to finance their visit. If they cannot finance the trip and stay from their own resources, the inviting person must undertake to cover all costs of their guest's stay in Germany, including any costs arising from potential illness. In addition, consular offices are required to take into account a positive assessment of the traveler's so-called "willingness to return" and "ability to return."
These consequential decisions are made at the discretion of the embassy or general consulate, based on the individual applicant's personality and their personal circumstances and conditions. The decision is also influenced by consular staff's knowledge of the national characteristics of the country of residence. All of this is taken into account, along with the applicant's personal interests and the presence (where applicable) of humanitarian or political significance in their stay in Germany. Finally, attention must be paid to respecting the interests of the Schengen Agreement partner states in protecting their borders from crossing by persons undesirable to them. For this reason, every application is, and must be, subjected to a thorough and comprehensive review.
Prerequisites for Issuing Visas for Longer-Term Stays, and Stays Related to Work or Study
For a stay in Germany of more than 3 months, or a stay involving permission to work or study, all foreigners without exception are required to hold the appropriate visa.
The visa application must be submitted before entry, in the same manner, to the relevant consular office abroad. In addition to the usual requirements, this also requires the consent of the competent foreigners' authority in Germany (Ausländerbehörde) — specifically, the foreigners' authority for the place where the foreigner will be residing. An exception applies to citizens of EU member states, as well as Switzerland, Australia, Israel, Japan, Canada, New Zealand, and the United States of America, who may obtain the required residence permit even after entry.
The application form for a long-term visa (more than 3 months) is provided to applicants free of charge at the relevant consular representation abroad. Processing of the application typically takes up to 3 months, but may also take longer. Only after the consular representation receives confirmation from the competent foreigners' authority approving the foreigner's stay of more than 3 months, or their work or study in Germany, may it issue the requested visa.
Who May Be Refused a Visa?
The general rule is this: if an applicant does not meet the above criteria, their visa must be refused. The same consequence follows if a review determines that the applicant was pursuing a purpose for their stay other than the one they stated. It should be borne in mind that a German consular office abroad, when refusing to issue a visa, is not obligated to explain the reasons for its refusal to the applicant or to inform them of their right to appeal the decision. Reasons for a visa refusal may include the inviting company's lack of reliability, the applicant's name appearing in the information system of Germany or the Schengen Agreement member states, information indicating that the inviting person lacks sufficient funds to support the guest, or the fact that the local foreigners' authority did not consent to a lengthy stay in Germany, among other reasons.
What Should Be Done?
Attempts to find out the reasons for a refusal verbally, by phone, or directly at the embassy will definitely not produce results. The German Federal Foreign Office notes that an interested party may file a complaint directly with the Administrative Court in Berlin (Verwaltungsgericht Berlin). This must be done in writing only, and of course in German. The court may find the visa refusal unjustified and require the consular office to reconsider the applicant's application. If, however, the court upholds the visa refusal, the consular office will inform the applicant in writing of the reasons that led to the refusal.
This article, like other articles of this kind, serves general informational purposes only and cannot replace individual legal advice.
All rights reserved. Copying or republishing this article requires a link to the original source.
